201 W. Preston Street•Baltimore, Maryland21201
Dear Colleague:
You have downloaded one of four newly-designed templates used to procure services. These templates, the Request for Proposals, the Invitation for Bids, the Multi-Step Invitation for Bids, and the Standard Services Contract (used for Sole Source and some Emergency procurement) have been developed by the Office of Procurement and Support Services (OPASS) and are based on a Department of Budget and Management model. They are formatted in MS Word using Office Professional 2003. It is our hope that you will find them easier to use than the previous template first created 15 years ago.
There are some things you need to know when using the templates:
First, this is just a template. Only someof the language used in the template is required by Maryland’s procurement regulations COMAR Title 21. Much of the language may be changed and, in fact, some should be deleted if not appropriate to your purchase or funding source. Check with the OPASS member of your Contract Fulfillment Team (CFT) to determine if language is required or not. If something is included as a SAMPLE it is just that; adapt it to your needs, use whatever parts work for you, change some or all or discard it.
Second, there is a substantial amount of information and text you will need to add to the document. You will notice throughout the document reddish orange colored text in parentheses. These are instructions to you. DO NOT LEAVE THE INSTRUCTIONS OR PARENTHESES IN THE DOCUMENT! Insert the requested name, date, address, information, title, number, etc. and delete the instructions. Make certain the inserted text does not remain in the color of the instructions. Also, when you download, copy or paste, text and tables may move around on the page. Please clean up text and tables to insure a professional look.
Finally, although efforts have been made to insure accuracy of attachment and section citations throughout the document, as you add and delete text, changes will occur affecting such accuracy. You will notice, however, that widows/orphans exist. No effort was made to address widows or orphans because the addition and deletion of text, sometimes large amounts, will alter their existence in the document. You, the author of the solicitation, are responsible for the ultimate content and appearance of the document. You must ensure the accuracy of the content and convey a professional appearance and style.
Remember, this document will become a part of a public record. It is your first contact with the vendor community from which you wish to solicit. It represents the Department. See that it is a quality publication.
Any questions regarding these templates may be made to the Department’s Procurement Officer in OPASS.
Rev.2/12
STANDARD SERVICES CONTRACT
DHMH OPASS –(nn-nnnnn)
(TITLE)
(Rev. 2/12 – Delete prior to finalizing document. Do not delete prior to CFT or prior to finalizing in order to ensure the correct template has been used.)
Table of Contents
SECTION 1 - GENERAL INFORMATION
1.1Abbreviations and Definitions
1.2Contract Type and Duration
1.3Procurement Officer
1.4Contract Monitor
1.5eMarylandMarketplace
1.6Disputes
1.7Mandatory Contractual Terms
1.8Contract Affidavit
1.9Minority Business Enterprise Goals
1.10Arrearages
1.11Verification of Registration and Tax Payment
1.12False Statements
1.13Payments by Electronic Funds Transfer
1.14Prompt Payment Policy
1.15Living Wage Requirements
1.16Federal Funding Acknowledgement
1.17Conflict of Interest Affidavit and Disclosure
1.18Non-Disclosure Agreement
1.19HIPAA - Business Associate Agreement
1.20American Recovery and Reinvestment Act
1.21Nonvisual Access
1.22Mercury and Products That Contain Mercury
SECTION 2 – SCOPE OF WORK
2.1Minimum Qualifications
2.2Scope of Work - Requirements
2.3Security Requirements
2.4MBE Reports
2.5Insurance Requirements
3.1Invoicing
3.2Payment Type
SECTION 4 – TERMS AND CONDITIONS
SECTION 5 - ATTACHMENTS
ATTACHMENT A – CONTRACT AFFIDAVIT
ATTACHMENT B – FEDERAL FUNDS ATTACHMENT
ATTACHMENT C – LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS
ATTACHMENT C-1 – MARYLAND LIVING WAGE AFFIDAVIT
ATTACHMENT D - MINORITY BUSINESS PARTICIPATION INSTRUCTIONS AND FORMS
ATTACHMENT E – BUSINESS ASSOCIATE AGREEMENT
ATTACHMENT F – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE
ATTACHMENT G – NON-DISCLOSURE AGREEMENT
ATTACHMENT H – MERCURY AFFIDAVIT
ATTACHMENT I – ARRA MONTHLY EMPLOYMENT REPORT & INSTRUCTIONS
1
SECTION 1 - GENERAL INFORMATION
1.1Abbreviations and Definitions
For purposes of this contract, the following abbreviations or terms have the meanings indicated below:
- COMAR – Code of Maryland Regulations available on-line at
- Contract – This entire agreement entered into by the Maryland Department of Health and Mental Hygiene and the Contractor.
- Contract Monitor (CM) – The State representative for this project who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this project to ensure compliance with the terms and conditions of the Contract, monitoring MBE compliance, and achieving on budget, on time, and within scope completion of the project.
- Contractor – Means (contractor's name) whose principal business address is (contractor's main address) and whose principal office in Maryland is (contractor's local address)
- DHMH or the Department – Maryland Department of Health and Mental Hygiene.
- LAN – Local Area Network.
- Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.
- Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01B(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.
- Normal State Business Hours– Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at: – keyword: State Holidays.
- Notice to Proceed – Letter from the Contract Monitor to the Contractor stating the date the Contractor can begin work subject to the conditions of the Contract.
- Procurement Officer – The State representative for the resulting Contract. The Procurement Officer is responsible for the Contract and is the only State representative who can authorize changes to the Contract. DHMH may change the Procurement Officer at any time by written notice to the Contractor.
- State – The State of Maryland.
1.2Contract Typeand Duration
This Contract shall be a(n) (enter type of contract, e.g.,“fixed price,”“indefinite quantity,”“labor hour,” etc.)in as defined inCOMAR 21.06.03.(enter COMAR citation number for the contract type).
The Contract shall be for a period of (enter number of years) year(s) beginning on or about (month, day, year) and ending (month, day,year). (Include a reference to option years, if any). The Contractor shall provide services upon receipt of a Notice to Proceed from the Contract Monitor.
1.3Procurement Officer
The Procurement Officer is:
Sharon R. Gambrill, CPPB
Procurement Officer
Maryland Department of Health and Mental Hygiene
Office of Procurement and Support Services
201 West Preston Street, Room 416B
Baltimore, Maryland21201
Phone Number: (410) 767-5117
Fax Number: (410) 333-5958
E-mail:
DHMH may change the Procurement Officer at any time by written notice.
1.4Contract Monitor
The Contract Monitor is:
(DHMH Contract Monitor’s name)
Maryland Department of Health and Mental Hygiene
(name of Administration or facility)
(street address and room number)
(city, state and zip code)
Phone Number: ( ) -
Fax Number: ( ) -
Email: (enter Contract Monitor user name)@dhmh.state.md.us
DHMH may change the Contract Monitor at any time by written notice.
1.5eMarylandMarketplace
The Contractor must be registered on eMaryland Marketplace(eMM). eMM is an electronic commerce system administered by the Maryland Department of General Services. Registration is free. Go to on “Register” to begin the process, and then follow the prompts.
1.6Disputes
Any dispute related to this Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).
1.7Mandatory Contractual Terms
By ratification of this Contract, the Contractorshall be deemed to have accepted its terms and conditions. Any exceptions to the Contract’s terms and conditions must be raised prior to ratification of the Contract.
1.8Contract Affidavit
The Contractor is required to complete the Contract Affidavit (Attachment B). TheContract Affidavit must be provided along with the signedContract.
1.9Minority Business Enterprise Goals
A minimum overall MBE subcontractor participation goal of(enter percentage)%, with subgoals of (enter percentage)%for African-American MBEs, (enter percentage)%for Asian MBEs,(enter percentage)%for Hispanic MBEs,and(enter percentage)%for women-owned MBEs, has been established for the services resulting from this Contract. (If zero, delete the following paragraphs)
1.9.1Attachment D – Minority Business Enterprise participation, instructions, and forms are provided to assist the Contractor. The Contractor must include with its Contract a completed MDOTCertified MBE Utilization and Fair Solicitation Affidavit (Attachment D1) whereby:
(a)The Contractor acknowledges the certified MBE participation goal or requests a waiver, commits to make a good faith effort to achieve the goal, and affirms that MBE subcontractors were treated fairly; and,
(b)The Contractor responds to the expected degree of MBE participation,as stated in thisContract, by identifying the specific commitment of certified MBEs at the time of submission. The Contractor shall specify the percentage of contract value associated with each MBE subcontractor identified on the MBE Participation Schedule.
If the Contractor fails to submit a completed Attachment D1 with the Contract as required, the Procurement Officer shall deem the Contractor not responsible and therefore not eligible for Contract award. If the Contract has already been awarded, the award is voidable.
1.9.2Within ten (10) working days from notification of Contract award or from the date of the actual award, whichever is earlier, the Contractor must provide the following documentation to the Contract Monitor.
(a)Outreach Efforts Compliance Statement (Attachment D2).
(b)Subcontractor Project Participation Certification (Attachment D3).
(c)If the apparent awardee believes a waiver (in whole or in part) of the overall MBE goal or of any sub goal is necessary, it must submit a fully documented waiver request that complies with COMAR 21.11.03.11.
(d)Any other documentation required by the Procurement Officer to ascertain Contractor responsibility in connection with the certified MBE participation goal.
If the Contractor fails to return each completed document within the required time, the Procurement Officer may determine that theContractor is not responsible and therefore not eligible for contract award. If the contract has already been awarded, the award is voidable.
1.9.3A current directory of certified MBEs is available through the Maryland State Department of Transportation (MDOT), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover,Maryland21076. The phone numbersare(410) 865-1269, 1-800-544-6056, or TTY (410) 865-1342. The directory is also available on the MDOT websiteat The most current and up-to-date information on MBEs is available via this website. Only MDOT certified MBEs may be used to meet the MBE subcontracting goals.
1.9.4The Contractor, once awarded a contract, will be responsible for submitting, or requiring its subcontractor(s)to submit the following forms to provide the State with ongoing monitoring of MBE Participation:
(a)Attachment D4 (MBE Participation Prime Contract Paid/Unpaid MBE Invoice Report).
(b)Attachment D5 (MBE Participation Subcontractor/Contractor Unpaid MBE Invoice Report).
1.10Arrearages
By ratification of this Contract, Contractorrepresents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrearsduring the term of the Contract.
1.11Verification of Registration and Tax Payment
Before a corporation can do business in the State it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State OfficeBuilding, Room 803, 301 West Preston Street, Baltimore, Maryland21201. The SDAT website is
1.12False Statements
Offerors are advised that Md. Code Ann., State Finance and Procurement Article, §11-205.1 provides as follows:
1.12.1In connection with a procurement contract a person may not willfully:
(a)Falsify, conceal, or suppress a material fact by any scheme or device;
(b)Make a false or fraudulent statement or representation of a material fact; or
(c)Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.
1.12.2A person may not aid or conspire with another person to commit an act under subsection (1) of this section.
1.12.3A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both.
1.13Payments by Electronic Funds Transfer
The Contractor agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFTis mandatory for all contracts exceeding $100,000. The Contractor shall register using the COT/GAD X-10 Vendor Electronic Funds Transfer (EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The form may be downloadedfrom the Comptroller’s website at:
1.14Prompt Payment Policy
This Contract is subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Minority Affairs (GOMA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor must comply with the prompt payment requirements outlined in the Contract, section 31 “Prompt Payment.” Additional information is available on GOMA’swebsite at:
1.15Living Wage Requirements
A State contract valued at $100,000 or more may be subject to Md.CodeAnn., State Finance and Procurement Article, Title18. Additional information regarding the State’s living wage requirement is contained in Attachment C.
Contractors and Subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State. The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and BaltimoreCounties, and BaltimoreCity. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located.
The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Contractor must identify in the location(s) from which services will be provided.
- If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.
- If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract.
If the Contractor provides more than 50% of the services from an out-of-State location, then the Contract will be deemed to be a Tier 1 contract. The Contractor must identify the location(s) from which 50% or more of the Contract services will be provided.
Information pertaining to reporting obligations may be found by going to the DLLR Website and clicking on Living Wage.
1.16Federal Funding Acknowledgement
1.16.1There are / are not programmatic conditions that apply to this Contract, regardless of the type of funding. If applicableed, these conditions are contained in Attachment(use next Attachment letter if you are including programmatic forms, if there are none, delete second sentence).
1.16.2The total amount of Federal funds allocated for the (enter name of administration or facility)is$(enter dollar amount) in MarylandState fiscal year(enter current fiscal year). This represents(divide Federal funds above / by total unit budget)% of all funds budgeted for the unit in that fiscal year. This does not necessarily represent the amount of funding available for any particular grant, contract, or solicitation.
1.16.3This Contract does / does not contain federal funds. If contained, the source of these federal funds is: (enter name of Federal program i.e., Medicaid, Ryan White, Title X, etc.). The CFDA number is: (enter the Catalog of Federal Domestic Assistance number). The conditions that apply to all federal funds awarded by the Department are contained in Federal Funds AttachmentD B (delete attachment BD and all but the first sentence of this section if no Federal Funds are used). Any additional conditions that apply to this federally funded contract are contained in Federal Funds Attachment(use next Attachment letter if you are including additional conditions, if there are none, delete this sentence). Acceptance of this agreement indicates the Contractor’s intent to comply with all conditions, which are part of this agreement.
1.17Conflict of Interest Affidavit and Disclosure
(If applicable, include this paragraph. If not, delete entire section, renumber other sections as necessary, and update table of contents; or mark as Not Applicable (N/A).)
The Contractor is advised that its personnel and each of the participating subcontractor’s personnel shall be required to complete agreements such as Attachment F(Conflict of Interest Affidavit and Disclosure). For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08. The Conflict of Interest Affidavit and Disclosure must be provided along with the signed Contract.
1.18Non-Disclosure Agreement
(If applicable, include this paragraph. If not, delete entire section, renumber other sections as necessary, and update table of contents; or mark as Not Applicable (N/A).)
This Contractis subject to the terms of the Non-Disclosure Agreement (NDA) contained herein as Attachment G. The Contractor shall complete and sign the NDA (Attachment G) and provide it along with the signed Contract.
1.19HIPAA - Business Associate Agreement
(If applicable, include this paragraph. If not, delete entire section, renumber other sections as necessary, and update table of contents; or mark as Not Applicable (N/A).)